16 Tex. Admin. Code § 60.30
Current through Register Vol. 49, No. 48, November 29, 2024
Section 60.30 - Initial License Applications(a) An applicant for an initial license must submit all required information, documents, and fees in a form and manner prescribed by the department. The department may request additional information as part of the application process, if necessary.(b) Incomplete Initial Application. An applicant who submits an incomplete application has one year from the date the application is received by the department to submit any missing information, documents, and/or fees. (1) If the applicant contends that the application is complete and meets the legal requirements for licensure, and the department disagrees, the department will provide the applicant with an opportunity to request a license determination based on the information and documents that have been submitted. If the department denies the application, the department will send a denial letter under subsection (f), and the applicant may request a hearing.(2) After one year, an incomplete application shall expire. The applicant must start the license application process over and submit a new application with all required information, documents, and fees as prescribed under subsection (a).(c) Insufficient or Not Qualified Initial Application. If an applicant provides a complete application that is determined insufficient in meeting the license requirements or if the applicant is determined not qualified to obtain the license, the department will send a denial letter under subsection (f) and the applicant may request a hearing. (d) Criminal History Background Checks - Initial Applications. (1) Individual license. An applicant is subject to a criminal history background check pursuant to Occupations Code, Chapters 51 and 53; Government Code, Chapter 411, Subchapter F; the statutes and rules of the specific program; and the department's criminal conviction guidelines. An applicant must submit fingerprints for a background check if required under the specific program statute.(2) Business license. An individual associated with the business is subject to a criminal history background check, if required under the specific program statute.(3) Failure to pass a criminal history background check under subsection (d)(1) or (d)(2) may result in denial and/or revocation of the license.(e) Applicants with Foreign Transcripts or Foreign Degrees. (1) An applicant with a transcript in a language other than English (foreign transcript) must submit a transcript and a certified translation when applying for licensure. (A) The foreign transcript must be translated to English to determine if it meets the requirements for licensure for the particular license sought.(B) The transcript must be translated by the issuing institution or a translator that is certified by the American Translators Association.(C) The applicant must bear all expenses incurred during the translation process.(2) An applicant with a degree that was earned at a university in a U.S. territory or a foreign country (foreign degree) must submit a foreign degree evaluation and verification when applying for licensure. (A) The foreign degree must be evaluated on a course-by-course basis to determine if it meets the requirements for licensure for the particular license sought.(B) The foreign degree evaluation must be conducted by a foreign degree evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators, Inc. (AICE).(C) The applicant must bear all expenses incurred during the evaluation process.(3) The department retains the exclusive authority to determine whether or not to accept a foreign transcript or a foreign degree for licensure.(f) Denial of Initial License Application or Examination. If the department proposes to deny an initial license application or proposes to deny an applicant the opportunity to take an examination, the denial is considered to be a contested case, and the rules under Subchapter I shall apply.16 Tex. Admin. Code § 60.30
The provisions of this §60.30 adopted to be effective July 1, 2009, 34 TexReg 4326; Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9507, eff. 12/1/2024